Deviser - Law Dictionary Search Results
abate
[the legacies abated proportionately] NOTE: A problem arises in estate law when the amount of the bequests and devises made in a will exceeds the assets available in the estate. In such a case, some or all
Lapse
of all the benefices in the realm. (2) A device or legacy is said to lapse when the devisee or legatee dies before the testator. In such case the devise or legacy falls into the residuary real
Uses
particular descent of uses. This is an illustration of the well-known maxim, 'quitas sequitur legem. (2) They were devisable even before the Statute of Wills, 32 Hen. 8, c. 1. (3) They were transferable, although at law
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Residuary devisee
Residuary devisee, the person named in a will who is to take all the real property remaining over and above
Remainder
by operation of law, but is always crated by act of parties. it may be granted over, charged, devised, or barred by a prior tenant in tail. Mr. Burton (Comp. Pl. 28) thus indicates the difference between
Charitable uses and trusts
upon the foundations thereof; and various Acts of Parliament passed from time to time have also specially exempted devises of lands or moneys charged thereon to the trustees of the British Museum for the benefit of that
Joint-tenancy
freehold in joint-tenants was so entire that they could not grant, nor bargain and sell, nor surrender or devise to each other, much less exchange with or enfeoff one another; the proper mode of assurance from one
Springing use
vivos are good, apart from the Statute of Uses if made by will at Common Law as executory devises, but apart from statute (see CONTINGENT REMAIN-DERS), executory devises like springing or shifting uses are not so construed
Trust
upon a will unless by a testamentary or codicillary paper executed with the statutory formalities, but if a devise or bequest of the legal estate be accompanied with any mala fides in the devisee or legatee, as
Heir
lands, all the sons inherit as parceners, and make but one heir, Co. Litt. 140. (c) Heir by devise or h'res factus. He who is made, by will, the testator's heir or devisee, and has no other
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